Guest Post by Morbo
I got a letter this week from one of my favorite religious right nutcases, the Rev. Rick Scarborough.
Rev. Rick wants me to send him a few bucks so he can impeach U.S. District Judge Lawrence Karlton, who earlier this year ruled that public school recitation of the Pledge of Allegiance is unconstitutional due to its religious content.
I remember reading Karlton’s opinion at the time. He made it clear that a higher court, the U.S. 9th Circuit Court of Appeals, has already ruled on this matter and that, as a lower court judge, he was bound by that ruling.
It’s true that the Supreme Court later tossed out the case on technical grounds, declaring that the man who brought it, Michael Newdow, lacked the legal right to do so. But the high court did not disturb the constitutional issue. In fact, the justices dodged it completely.
So what was Judge Karlton to do? He could have ignored precedent, but federal judges aren’t supposed to do that. He did the thing he’s legally required to do: applied the precedent. According to Scarborough, this is an impeachable offense.
In Scarborough’s fantasy world, Congress can impeach federal judges merely for handing down rulings that displease people like Tom DeLay, Dennis Hastert or even Tom Tancredo. Most legal scholars say Scarborough is full of it.
But Rev. Rick says the days ahead are bright. His group, the Judeo-Christian Council for Constitutional Restoration, has just completed “a strategy for solving judicial activism.” Scarborough adds:
“We are even now putting the finishing touches on that strategy and will have it ready for implementation in January 2006. In the coming days we will release a significant movement and strategy for the coming year that should make 2006 a year of judicial accountability.”
Whoopee. I can’t wait to read it. I love kook right manifestos, especially ones described as “significant.” I’m sure I’ll find it entertaining, but I doubt it will make 2006 the year of judicial accountability. I think Scarborough has a different goal for next year — mainly, separating as many rubes from their hard-earned cash as possible.